Post by talk2santosh on Aug 27, 2004 4:25:29 GMT -5
THE HINDU MARRIAGE ACT, 1955
As Amended by [Act No. 2 of 1978] An Act to amend and codify the law relating to marriage among Hindus.
(1) Short title and extent- Sec.1
This Act may be called the Hindu Marriage Act, 1955.
It extends to whole of India except the state of Jammu and Kashmir, and applies also to Hindus who are residing abroad.
(2) Application of Act -Sec.2
This Act applies to those who are Hindus, Buddhist, Jaina or Sikh by religion, but not to Muslim, Chirstian, Parsi or Jew by religion. Their respective Acts governs them.
Explanation -The following persons are Hindu, Buddhists, Jainas or Sikhs by religion, as the case may be:
a. Any child, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion.
b. Where only one of the parents is Hindu, the child only then will be considered as Hindu.
c. Any person who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.
(3) Conditions for a Hindu Marriage- Sec.5
i. Neither party (husband or wife) has a spouse living at the time of marriage, otherwise he/she will be punished for bigamy;
ii. At the time of marriage, neither party:
a. Should be of unsound mind such that it incapacitates a person from giving a valid consent to marriage. It need not be continuous unsoundness of mind, it may exist just before the marriage.
b. Should be suffering from mental disorder which
i. Renders him/her unfit for marriage &
ii. Giving birth to child.
iii. Should be suffering from recurrent attacks of insanity or epilepsy even if curable.
iv. The bridegroom has completed the age of [twenty-one years] and the bride the age of [eighteen years] at the time of the marriage;
v. The parties to marriage should not be in a prohibited relationship for example brother/sister, aunt-nephew, uncle-niece, cousin etc, unless the custom allows. For example in Muslims, marriage between cousins is allowed.
vi. If any of the parties to the marriage is in direct degrees of ascent (upward relatives) within 5-generations to the other through the mother.
(4) Ceremonies for a Hindu marriage -Sec.7
(i) A Hindu marriage may be performed in accordance with the customary rites and ceremonies of one of the parties to marriage.
(ii) Where such rites and ceremonies include the saptapadi (that is, taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
(5) Registration of Hindu marriage -Sec.8
Non registration of marriage does not effect the validity of a marriage, however for the sake of a proof, the marriage maybe registered within 15 days of the date of marriage.
(6) Restoration of the respective rights possessed by husband and wife -Sec.9
Marriage imposes a duty on both spouses to live with each other, the difference it makes to the lives of individuals is that parties will live together, however if one party refuses to live with the other, the latter can compel the former to live with him/her, by a legal process.
(7) Judicial separation Sec.10
An application for judicial separation can be filed on the same grounds on which application for divorce can be filed. Ordinarily, judicial separation either leads to reconciliation or to divorce. Judicial separation leaves the doors open to reconcile again. In judicial separation it is no longer obligatory for husband or wife to live together or cohabit. By the mutual consent of husband or wife the decree of the court of judicial separation can come to an end.
(8) Invalid Marriages -Sec.11
Any marriage can come to an end if it is in contravention of the conditions of the Hindu marriage Act-1955.
Note - Decree of divorce - Decree of nullity - carries the same meaning i.e. the relationship of marriage has been brought to an end by process of court by decree. AIR 1989 SC 1477.
(9) Valid marriages, which may become invalid
(I). Marriages, which may come to an end or annulled by the Act of either party to the marriage are called voidable marriages.
These type of marriages can come to an end on the following grounds:-
a. That the marriage has not been consummated owing to the impotence of the respondent; or
b. i. If either party is incapable of giving consent of marriage due to unsoundness of mind.
ii Suffering from mental disorder to such an extent that he/she can give the consent for marriage but is not fit for marriage and cannot give birth to children.
iii. Has been subject to recurrent attack of insanity or epilepsy.
c. When the consent of marriage is obtained by force or fraud.
d. That the respondent was at the time of the marriage pregnant by some person other than the petitioner.
II. No petition for annulling a marriage can be filed:
a. Where consent had been obtained by fraud-
i. One year or more has passed since the date of knowledge of fraud.
ii. And even after knowledge of fraud, has lived with the other party with his/her full consent.
b. Where the female is pregnant by some other person other than the petitioner, court can anull the marriage if:
i. The petitioner (husband) was at the time of marriage ignorant of the fact that she is pregnant.
ii. If the petitioner has started the proceedings within one year of date of marriage.
iii. If material intercourse with the wife has not taken place, since the fact came to the knowledge of the petitioner.
As Amended by [Act No. 2 of 1978] An Act to amend and codify the law relating to marriage among Hindus.
(1) Short title and extent- Sec.1
This Act may be called the Hindu Marriage Act, 1955.
It extends to whole of India except the state of Jammu and Kashmir, and applies also to Hindus who are residing abroad.
(2) Application of Act -Sec.2
This Act applies to those who are Hindus, Buddhist, Jaina or Sikh by religion, but not to Muslim, Chirstian, Parsi or Jew by religion. Their respective Acts governs them.
Explanation -The following persons are Hindu, Buddhists, Jainas or Sikhs by religion, as the case may be:
a. Any child, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion.
b. Where only one of the parents is Hindu, the child only then will be considered as Hindu.
c. Any person who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.
(3) Conditions for a Hindu Marriage- Sec.5
i. Neither party (husband or wife) has a spouse living at the time of marriage, otherwise he/she will be punished for bigamy;
ii. At the time of marriage, neither party:
a. Should be of unsound mind such that it incapacitates a person from giving a valid consent to marriage. It need not be continuous unsoundness of mind, it may exist just before the marriage.
b. Should be suffering from mental disorder which
i. Renders him/her unfit for marriage &
ii. Giving birth to child.
iii. Should be suffering from recurrent attacks of insanity or epilepsy even if curable.
iv. The bridegroom has completed the age of [twenty-one years] and the bride the age of [eighteen years] at the time of the marriage;
v. The parties to marriage should not be in a prohibited relationship for example brother/sister, aunt-nephew, uncle-niece, cousin etc, unless the custom allows. For example in Muslims, marriage between cousins is allowed.
vi. If any of the parties to the marriage is in direct degrees of ascent (upward relatives) within 5-generations to the other through the mother.
(4) Ceremonies for a Hindu marriage -Sec.7
(i) A Hindu marriage may be performed in accordance with the customary rites and ceremonies of one of the parties to marriage.
(ii) Where such rites and ceremonies include the saptapadi (that is, taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
(5) Registration of Hindu marriage -Sec.8
Non registration of marriage does not effect the validity of a marriage, however for the sake of a proof, the marriage maybe registered within 15 days of the date of marriage.
(6) Restoration of the respective rights possessed by husband and wife -Sec.9
Marriage imposes a duty on both spouses to live with each other, the difference it makes to the lives of individuals is that parties will live together, however if one party refuses to live with the other, the latter can compel the former to live with him/her, by a legal process.
(7) Judicial separation Sec.10
An application for judicial separation can be filed on the same grounds on which application for divorce can be filed. Ordinarily, judicial separation either leads to reconciliation or to divorce. Judicial separation leaves the doors open to reconcile again. In judicial separation it is no longer obligatory for husband or wife to live together or cohabit. By the mutual consent of husband or wife the decree of the court of judicial separation can come to an end.
(8) Invalid Marriages -Sec.11
Any marriage can come to an end if it is in contravention of the conditions of the Hindu marriage Act-1955.
Note - Decree of divorce - Decree of nullity - carries the same meaning i.e. the relationship of marriage has been brought to an end by process of court by decree. AIR 1989 SC 1477.
(9) Valid marriages, which may become invalid
(I). Marriages, which may come to an end or annulled by the Act of either party to the marriage are called voidable marriages.
These type of marriages can come to an end on the following grounds:-
a. That the marriage has not been consummated owing to the impotence of the respondent; or
b. i. If either party is incapable of giving consent of marriage due to unsoundness of mind.
ii Suffering from mental disorder to such an extent that he/she can give the consent for marriage but is not fit for marriage and cannot give birth to children.
iii. Has been subject to recurrent attack of insanity or epilepsy.
c. When the consent of marriage is obtained by force or fraud.
d. That the respondent was at the time of the marriage pregnant by some person other than the petitioner.
II. No petition for annulling a marriage can be filed:
a. Where consent had been obtained by fraud-
i. One year or more has passed since the date of knowledge of fraud.
ii. And even after knowledge of fraud, has lived with the other party with his/her full consent.
b. Where the female is pregnant by some other person other than the petitioner, court can anull the marriage if:
i. The petitioner (husband) was at the time of marriage ignorant of the fact that she is pregnant.
ii. If the petitioner has started the proceedings within one year of date of marriage.
iii. If material intercourse with the wife has not taken place, since the fact came to the knowledge of the petitioner.